The Application of the Three Criteria Test: An Empirical Research on Media Transmission Markets

21 Pages Posted: 15 Apr 2009

See all articles by Liyang Hou

Liyang Hou

Shanghai Jiao Tong University (SJTU) - KoGuan Law School

Date Written: April 14, 2009

Abstract

The three criteria test is a mechanism within the electronic communications regulation to determine whether a market can be susceptible to ex ante regulation. As an important mechanism, the three criteria test nevertheless has not attracted much academic interest. Furthermore, the European Commission’s problematic definition on broadcasting transmission markets in its recommendation on relevant markets in practice turns the three criteria test into a necessary step for the market analysis. This article illustrates the empirical application of the three criteria test, in particular, to broadcasting transmission markets based on the Commission decisions under Article 7 of the Framework Directive, with an aim to interpret abstract economic terms in the context of the three criteria test by concrete legal examples.

Suggested Citation

Hou, Liyang, The Application of the Three Criteria Test: An Empirical Research on Media Transmission Markets (April 14, 2009). Available at SSRN: https://ssrn.com/abstract=1379523 or http://dx.doi.org/10.2139/ssrn.1379523

Liyang Hou (Contact Author)

Shanghai Jiao Tong University (SJTU) - KoGuan Law School ( email )

Huashan Road 1954
Xuhui District
Shanghai, Shanghai 200030
China
+86-21-6293-4632 (Phone)

HOME PAGE: http://law.sjtu.edu.cn/TeacherDetail123.aspx

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